1. The part of the judgment of the court of first instance against the defendant shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be dismissed.

1. Case summary and the presumed factual basis

A. The summary of the instant case pertains to the Plaintiff’s claim for the payment of the unpaid construction cost and the delayed payment amount of KRW 176,415,430, as well as the delayed payment, on the grounds that the Plaintiff agreed to pay the remainder of construction by setting a separate deadline between the Defendant and the Defendant, after completing the construction contracted by the Defendant.

The judgment of the court of first instance accepted most of the plaintiff's claims, dismissed the remaining claims (part of delayed damages), and the defendant appealed against the part against which he lost, and added the plaintiff's claim for agreed amount and the claim for indemnity to the court of first instance.

B. On the premise of the factual basis, 【Evidences 3, 4, and 1 through 9 (including all types of numbers), 1) E Co., Ltd. (hereinafter “E”)

F) The representative director F is between D (G representative) around March 2013 and D (hereinafter “instant construction”). D around February 26, 2013, it is contracted by the Defendant to perform a remodeling project in the Gangnam-gun B (hereinafter “instant construction”).

As to the construction cost of KRW 207,00,000, the subcontract was concluded with the Plaintiff [However, considering that the Plaintiff (the Plaintiff Co., Ltd. prior to the change: the Plaintiff Co., Ltd.), at the time, entered the name of the contractor in the contract as “E and 1” in consideration of the fact that the Plaintiff is promoting E M&A.

2) On April 25, 2013, the Plaintiff and E demanded consultation on the cost of additional construction work by newly preparing a construction statement and estimate of construction work amounting to KRW 392,700,000 for D and the Defendant as to the instant construction work.

3) Around May 2013, D performed the instant construction work by directly giving a subcontract to a construction company, etc. that received a sub-subcontract for the instant construction work from E and completed the instant construction work around July 24, 2013.